Unlike most body parts, your brain cannot always heal on its own after sustaining severe trauma from an external impact. Sadly, even cutting-edge medical technology can only do so much to repair or alleviate the effects that this kind of damage can carry. Put simply, traumatic brain injuries (TBIs) are serious and complex injuries, and anyone who causes one through negligence should be promptly held accountable for their actions.
That said, knowing someone else is responsible for causing a TBI and proving them liable in civil court are two different things. You will likely have an especially tough case ahead of you if you choose to file without a knowledgeable catastrophic injury attorney’s help. Instead, let a seasoned Clermont traumatic brain injury lawyer help you effectively pursue compensation for the short-term and long-term effects of the trauma you suffered.
What Causes Traumatic Brain Damage?
While moderate-to-severe brain trauma is often considered a “catastrophic injury” in Florida, the process for filing a civil suit is the same as any other personal injury claim. As an experienced attorney could explain, holding someone else financially accountable for a TBI in Clermont requires proving they were “negligent” in some way, which often means demonstrating the following:
- The named defendant had a “duty” to act a certain way under specific circumstances in the interest of minimizing the risk of another individual sustaining an injury
- The defendant “breached” their duty by acting in a reckless, careless, or illegal way
- That “breach of duty” was the primary cause of the accident that, without said breach, likely would not have occurred
- The accident was the primary cause of the plaintiff’s TBI, which was severe enough to require professional medical care
Any negligent party found liable for causing another person brain damage must pay for the past and future impacts the injury will have on the plaintiff filing the claim, including medical expenses, lost earning capability, physical and emotional suffering, and more.
Possible Obstacles to Effective Recovery
Unfortunately, several factors could impede a traumatic brain injury victim’s pursuit of financial recovery. For instance, Florida Statutes § 768.81 allows courts to proportionally reduce the total compensation awarded to a plaintiff when they are responsible—typically through their own negligence—for causing or worsening their losses.
Perhaps even more importantly, Fla. Stat. § 95.11(3) sets a four-year filing deadline for virtually all personal injury claims—a time period that usually expires before the full long-term impact of serious brain damage becomes apparent. Therefore, support from a capable lawyer in Clermont can be crucial to navigating these and other procedural roadblocks that often arise when filing a traumatic brain damage claim.
A Dedicated Attorney in Clermont Could Help After a Traumatic Brain Injury
TBIs are difficult to treat and often challenging to diagnose properly. These injuries often cause life-altering losses of sensory, motor, and cognitive function all too often. If you suffered an injury of this nature solely because someone else acted irresponsibly, that person should be the one to pay financially for your injury-related losses, not you.
Speaking with a Clermont traumatic brain injury lawyer could be a critical first step toward comprehensive recovery. Call today to schedule a meeting.